New Zork State recently passed a statute called the Weapon Crime Enhancement Bill (WCE). The WCE was passed after very detailed discussions and debates in the State Legislature regarding the increased use of weapons during the commission of a crime. The Legislators expressed an interest in attempting to deter the use of weapons by increasing the penalty if a person is convicted of an underlying crime in which a weapon was used. The text of the WCE reads as follows….”Any person convicted of a Felony or Misdemeanor in which the commission of the Felony or Misdemeanor included the use of a weapon, the definition of such weapon to include any knife over four inches long or any gun which is capable of discharging a bullet or bullet like substance, shall have the penalty of the underlying crime doubled because of the use of the weapon in conducting the crime.” The Facts….Darryl Drug set up a meeting with Seth Seller. Drug was to purchase 15 pounds of Crack Cocaine from Seller for an amount of 2000 dollars per pound. The meeting took place at the scheduled time and place. Drug only had 20000 dollars on him at the time of the meeting. The total deal required 30000 dollars. Seller informed Drug that Drug still owed Seller the amount of 10000 dollars. Drug left the room and went outside to his car. Drug returned to the meeting room with a Z62 Uzzi Automatic Machine Gun. Drug said to Seller, “Will you take this really cool gun for the 10000 dollars that I still owe you?” Seller said, “Yes,” took the gun and the 20000 dollars from Drug – then showed Drug his Police Badge and arrested Drug. Seth Seller is an undercover FBI Agent and the meeting was a “sting” operation. Drug was convicted of an illegal drug transaction, drug possession, and found guilty of a Felony drug crime. The usual penalty of 10 years for the underlying crime was doubled to 20 years pursuant to the WCE because a weapon was used in conducting the crime. Drug challenges the doubling of the penalty pursuant to the WCE by arguing that the “use” of a weapon does not include the “use” of a weapon as a bargaining asset to
complete thedrug deal. You are the Judge. Advance a Legal Positivist position and advance a Legal Realist position. Argue both sides. Select the argument that you agree with and explain why you agree with it. Select the argument that you disagree with and explain why you disagree with it. Discuss which argument would “best serve society.” Comment on the postings of your classmates.